As one of the LGBT, I’m fine with this. I want the ability to refuse work to the Religious and Republicans—and I have done so for decades. The difference is, I don’t tell them why. I just say I’m busy. Because even though I want them to burn in a fiery hell, I’m not an asshole.
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While religion is a protected class, political orientation is not protected. It is perfectly legal (and moral) to ask someone if they are conservative before agreeing to do work for them.
You can even cite a policy to really drive it home: "I do not conduct business with racists, bigots, misogynists, homophobes, xenophobes, fascists or any other type of conservatives."
Cool but where do you draw the line? If a taxi driver refuses to drive you is it still fine? What if a teacher refuses to teach your children? Or if a doctor refuses to treat you?
I don't know what the person you're replying to does for work, but I feel like what their work is really makes a big difference. Teachers don't (or shouldn't) teach kids any differently based on orientation, political ideology, etc., other than perhaps excusing them from work that goes against their beliefs (for example celebrating a holiday they take objection to). The teacher isn't required to "go against their beliefs" and do something they disagree with, only to keep their mouth shut about any disagreements they may have with a student's lifestyle. A teacher should not be able to refuse to teach anyone because they are not being asked to do a special job catering to any particular student. If they disagree with the curriculum, I would guess they just shouldn't be a teacher then (as in, if you're a high school science teacher you may be required to teach evolution).
Similarly with a doctor, they should not be able to say "I refuse to treat you because you're gay/religious/political." Everyone gets the same medical care. The only exception I can think of is transgender medical care, but if they don't want to do that they can just not go into that field.
Anything that involves creating is a little different. A wedding photographer would be more actively participating in a gay wedding. Or a Christian wedding, etc. If they feel really uncomfortable with that, they shouldn't have to. That doesn't change my opinion that they're closed-minded and bigoted, and it doesn't mean people can't leave them bad reviews stating as much. Plus, these services are not basic rights, whereas healthcare and education are basic rights.
I disagree with him, and I think he's bigoted. But I don't think anyone has the right to his labor and that he should be legally forced to photograph things that he doesn't want to photograph. And it's not like photography is a business that anyone can corner the market of in a small town or anything like that, all you need is a camera. It's the most common side hustle I see people try.
And how do you differentiate between this and say, a shop, or a doctor? Do LGBT people not "have the right to the labour" of those services?
I disagree with that framing entirely. But I'm curious to know how you would differentiate.
I'd say it's the business model.
Not defending the practices or arguing in defense of bigotry, just offering an explanation.
If it's a business model like a store where you come in and buy things with prices on them, that's open to everyone equally.
If it's a business where you sit down individually with each client and work out custom goods and services and pricing, then it's less "owner sells things" and more "clients contract owner for XYZ", and at that point, I'd tend to agree that it's a two way street, that both parties must agree to terms.
At that point, both sides have the option to simply not agree and not enter into a contract, for any reason. Just because one may disagree with one party's decision to not enter that agreement doesn't mean they shouldn't have that option.
What if it was a photographer who didn't want to be hired to photograph a Trump rally, a pro-life protest, or something else they felt strongly against like a (peaceful, lawful) far right event?
I don't think in those cases that a photographer should have no choice because the organizers are paying the money, so likewise, in this case, I don't feel like it's fair to force the photographer to cover an event they have a strong moral objection to, simply because that's their business.
Again, I'm not arguing that I agree with the photographer or that their position isn't bigoted, just offering a distinction.
I think your comment can be summed up more succinctly with "independent contractors have more discretion to choose their clients or projects than businesses that serve the public." And I agree with you
I'm not saying I disagree with your position, but being a Trump supporter or anti-choice is a choice, whereas being LGBTQ isn't, so the comparison isn't of equal demographic descriptors.
This isn't about defining a business model. It's about defining discrimination and protected groups. By your logic above, the photographer could charge a black couple more than a white one. I know that's not what you mean, but it would be the potential result of how that law would be interpreted.
At the end of the day, a Trump rally is not a protected group, so a business can say no. Just like a shop proprietor can refuse business to said rally goers, but not to a protected group.
If it’s a business where you sit down individually with each client and work out custom goods and services and pricing, then it’s less “owner sells things” and more “clients contract owner for XYZ”, and at that point, I’d tend to agree that it’s a two way street, that both parties must agree to terms.
Healthcare falls into this quite easily.
Whether you see it or not, your opinion is carving out a way for legal bigotry when done by a christian. Of course an atheist refusing to serve this asshole bigot would open up the door for a religious discrimination case against the atheist because bigots want nothing more than to divide society. We have no obligation to defend a bigot's rights they are actively taking those same rights away from others.
No. He gets to choose who to work for. He doesn't get to choose not to work for entire classes of people when those classes are protected.
It's the same as if he said he didn't want black clients.
This potentially opened the floodgates for discrimination. Unless this is specifically only for for “hired” or “contract” If not…. Coming soon to stores in the south near you
“NO F****TS ALLOWED”
“TRA***ES NOT WELCOME”
Why are headlines about American Christians always the exact opposite of what the Bible wants them to be?
What happened to love thy neighbour and shit
Selective religion to suit their needs. Oldest trick in the literal book.
Jesus was white BTW
/s in case it wasn't abundantly clear
As someone who grew up in a very religious household, I can tell you without a doubt in my mind, the worst people I ever met were the church crowd. Everyone was so nice to each other inside the building but as soon as the service was over, people showed their real colors in the parking lot.
You'd get parents screaming at their kids for "misbehaving" during the boring ass sermon, cars bolting out of their parking spaces with no disregard for other people walking, cars battling each other to try and get out of the lot before the other guy.. You know.. Cause football was starting soon.
Does this in return mean that LGBTQ+ couples win the right to discriminate against christian photographers?
Even more than the outright bigotry, what concerns me most is this growing trend of conservative ideology that allows for lawsuits without cause. You shouldn't be able to sue unless you are harmed. That's the way its supposed to work. Yet these conservative courts have been turning that concept entirely on its head lately.
i am kind of torn on this.
on the one hand I think it's important that you can refuse to work with people you don't like for whatever reason.
On the other hand, this is an absolutely childish and stupid reason to not work with someone.
You can refuse for any reason - except those involving discrimination against a protected class. Sexual orientation is supposed to be a protected class. You can still discriminate, you just have to give another/no reason and make sure it doesn't look like you're doing it for a prohibited reason.
If I wanted to say that no people with glasses were allowed to shop in my store, that would be allowed. If I wanted to say that no pregnant women could shop in my store, that wouldn't be allowed. If it was a pregnant woman wearing glasses, I could claim the first reason, but then, if I was found to be allowing other people with glasses to shop, my reasoning would be challenged and I would have to demonstrate that I wasn't discriminating because of pregnancy.
At least, this is how discrimination laws are supposed to work.
It turns out that anti-discrimination laws in the US are actually very weak and not fully defined, allowing bullshit like this to seep out of judge's mouths and through the cracks. The Equal Protections Clause of the 14th Amendment only grants equality under law, so it only really affects governments. The Civil Rights Act extends this out to private employment under Title VII, but not much further.
What the 303 Creative v. Elenis ruling (the Supreme Court ruling that led to the settlement here) does, in theory, is allow any private person the right to discriminate against any protected class (eg pregnancy, disability, and all the others) so long as the person they're discriminating against isn't an employee. This is clearly bullshit, and I'm sure if people started discriminating against Christians they'd be up in arms.
Thankfully, this settlement does not in any way strengthen this ruling, it only gives one asshole permission by one state - there is no ruling here, just an out of court settlement, thus it does not extend to anyone else. In particular, the state probably thought that because there was no injured party actually being discriminated against there wasn't much point wasting time and money litigating.
Obligatory IANAL.
More work for the intelligent ones that don't discriminate.
I can´t believe I actually have to say this but here it comes: Everyone should be free to choose the things they do and don´t do. Nobody should be forced by law to do things they don´t want to do. This goes for LGBTQ+ people just as it goes for photographers and all other humans in this world. I support human rights 100%, which obviously especially includes discriminated minorities like LGBTQ+. However, I have to say that the framing in the article and it´s title, are edgy af and sound like based on an extremist, culture warrior ideology, instead of rational thinking and common sense.
"I don't want to treat black people or LGBTQ like human beings." -- like that? Or how about signs on businesses "No Gays" or "No Hispanics". Does this apply to government entities and their employees? How about it enough people don't want to drink out of the same public fountain as black people, should we then bring back segregated fountains since everyone has a right to drink from fountains?
Sorry, but showing bigotry cannot be accepted by a tolerant society because it breaks the one tenet of such a society: be tolerant.
The thing you're ignoring is that being rejected by businesses is harmful to those being rejected. And moreover public businesses discriminating is a great way to fracture society and uphold a culture of bigotry and discrimination that then bleeds into every other area. If your religion teaches you to be a bigoted asshole then you need a different religion.
If you run a business, you don't have a right to discriminate against whole groups of people.
Yeah no. Replace gay with with black and you have your answer . There was a civil rights era fought over this exact discrimination. The sctous is currently full of political hacks.
They just took away our right not to be discriminated against and not a peep out of anyone. All those people, for years, fighting for civil rights. Gone. It’s the frog in the pot strategy but I doubt the religious will wait long to use this.
Soon we will hear about waitresses and barbers not wanting to do their job because muh religion gave them an excuse to discriminate
Then rejecting a Christian should be perfectly legal. Soery mate, O don't serve christians because I'm atheist.
Sure, obviously you should have the right to do so, if that´s what you want to do. That is exactly what I meant to express when I wrote "Everyone should be free to choose". Apologies if I did somehow not express that clearly enough in my first comment.
How is his policy/service any different from a whites only lunch counter?
It isn't.
There was an article on Slate a few years ago that I wish I could find again. It was a fictional story about what it was like for a lesbian, with a kid and a wife, going through a day in which businesses were allowed to refuse her service. It's a slippery slope, guys.
Waiting for the first Christian couple to be denied the photographers services, to lose their shit about it! It happened when that bakerdid it and it will happen here.
Sigh. US politics really wants me to become an anarchist.
We've always had bigots. We always will. In the past, bigoted business behavior has resulted in opportunity for those who are willing to serve the clients the bigots won't. Minorities understand this, and minority-friendly businesses prospered.
I can understand being upset that a business won't accept you as a customer. What I don't understand is why anyone would still insist on supporting that offensive business with their patronage. I'd be spreading the word about their practices, asking folks to boycott them.
Having looked at his photos, I'm gonna say this is no big loss for the LGBTQ+ community. They're marginally better than the stuff advertised on Nextdoor, but man really went all in on the vignettes, and he doesn't seem to have any eye for detail.
But also, fuck the Supreme Court for allowing this nonsense.
Show me someone saying "This is fine", and I'll show you someone who has the privilege to not fear whether they're going to be blocked out of society for the crime of...existing. This is only the first step to "All businesses, including businesses required for life, can discriminate against LGBTQ+ individuals". Y'all are unhinged.
Obligatory:
Generally speaking it's almost always a bad idea to force somebody who's diametrically opposed to your core values to work for you. I don't understand how they would have wanted this to ideally go? That the photographer grinds their teeth while being forced to take photos of them?